CASE STUDY

Alicia D. Howell vs. Nissan North America Inc.

This is a case of an employee whom developed carpal tunnel syndrome through her repetitive movements of the hand on an automotive assembly line. She was not offered a "meaningful return-to-work" opportunity when she returned back to the factory, which made her eligible for additional worker's compensation benefits.

Alicia D. Howell, a former employee of Nissan North America, Inc., began working for the company back in 2003. Ms. Howell worked along the assembly line during the night shift. The production line she worked on required the use of a pneumatic gun to bolt parts on V-8 motors. This production line was known as the "ZH" line. In August 2006, 3 years later, Ms. Howell among other employees were being trained to work on the "TR" production line, which also required the use of a pneumatic gun. 

It was around this time when "Ms. Howell testified that she began feeling pain, numbness, and tingling in both of her hands." She continued to have these symptoms for some time and finally reported her injuries to Nissan on September 14, 2006. Nissan then referred her to Dr. Richard Rogers, an orthopaedic surgeon. 

Unfortunately, due to repetitive motions of the hand and wrists through the use of the pneumatic gun, Ms. Howell was diagnosed with bilateral carpal tunnel syndrome. She had carpal tunnel release surgery done on her right hand on November 11, 2006, and on her left hand on January 3, 2007. Ms. Howell was later released to return to work with the restriction that she should not operate a pneumatic gun. 

Although Dr. Rogers has allowed her to return to work, Ms. Howell testified that Nissan did not allow her to return to work due to her restrictions caused by her injuries. When she finally returned to Nissan after Dr. Rogers released her a second time on April 23, 2007, with no work restrictions, the company did not provide her with meaningful work that she would be capable of doing due to limitations resulting from her injury. 

Ms. Howell was forced to return to the "TR" production line where she could not keep up with the speed and she continued to experience symptoms in her hand. She was unable to hold, grasp things, and was very slow at her work which lead to her receiving a verbal warning from her supervisor about her poor work performance. Soon Ms. Howell went on a medical leave due to other non-work-related problems and eventually she was forced to resign from her position at Nissan due to her lack of ability for the job.

"Well, he didn't really recommend me to do anything. He just, you know, there was no other options. I either had to come back on the TR line or not come back at all so I - all I knew - I know my hands. I struggled for so long with these hands. And I was in so much pain, I knew I couldn't do it. I couldn't put my body through it no more. And so I did quit, you know, because I knew I - you know, there's no way I could - they were depleting the night shift. That's the reason everybody was having to go - and as of right now, there is no ZH hot test night shift."        

- Alicia D. Howell

Pneumatic Gun

 After leaving the company and finding other means of employment, Ms. Howell still continued to experienced pain in her hands. On August 18, 2008, she filed a petition for reconsideration of her earlier workers' compensation settlement to Tennessee's Supreme Court. The high court ruled that Ms. Howell was eligible for reconsideration of her workers' compensation benefits because she did not have a meaningful return to work. The trial court awarded Ms. Howell a 25% permanent partial disability rating to each upper extremity, on the basis of the fact that she "was told she would be returning to the TR line, and under those circumstances the Employee was reasonable in resigning and that was not reasonable on the part of the Employer." 

For more information on Alicia D. Howell's case, click here

For more information on Carpal Tunnel Syndrome, click here

 

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